Will I lose my VA benefits after a DWI?

I got a DWI! Will I Lost my VA Benefits?

Let’s start with the good news. In most common situations, you will not lose VA benefits because of a criminal charge. The issues arise in two situations: (1) when you are facing a felony charge, or (2) when in jail or prison for more than 60 days.

Because DWI is a misdemeanor (except 3rd or more), most veterans will not have to worry about losing VA benefits. Even if sentenced to jail time, VA beneficiaries can generally receive full benefits if otherwise entitled. For felonies, though, the situation becomes somewhat more complicated. If given prison time for a felony, you may still be able to keep some benefits. But if that imprisonment lasts longer than 60 days, you might lose benefits until release. Even then, you will likely have to re-apply for benefits after release.

Keep in mind this restriction typically only applies to incarceration. Placement on community supervision, in a halfway house, or on work release typically will not strip you of your benefits. However, you might have reduced benefits depending on the circumstances. Also, though not unlimited, it may be possible to apportion your benefits to your spouse or children (unless incarcerated for a felony). In that situation, though, your spouse or children must still file their own claim. Apportionment is not automatic.

So, the short answer to “Will I Lose my VA Benefits?” is NOT FOR EVERY CASE.

More about Mimi Coffey & The Coffey Firm

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), and Possession charges. We can also help you try to get a DWI off your record or avoid probation revocation. The Coffey Firm offers fair DWI payment plans and free consultations.

Mimi is also listed on several “top criminal lawyer near me” directory listings such as Wise County DWI Lawyers, Tarrant County DWI Lawyer, Dallas County DWI attorney, Collin County DWI attorneys and Parker County DWI attorneys. Mimi is a caring DWI Lawyer in Dallas – Fort Worth. She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.